Family Educational Rights and Privacy Act

Catalog Year: 2017-2018

The Family
Educational Rights and Privacy Act of 1974, commonly referred to as
FERPA, is a federal law that protects the privacy of student education
records. Hendrix College (“College”) is to inform enrolled students
annually of their rights under the terms of the FERPA. The information
below is provided in accordance with FERPA notification requirements.
The act does not apply to students admitted to the College who have not
officially enrolled. Enrolled students have the following rights under
the Act:

A. Policy Intent

The College student
record policy is intended to conform with all state and federal statutes
dealing with access to information held by an educational institution
on present and former students.

The College student record
policy is formulated to protect the privacy of that student information
that is maintained and yet provide access to student records for those
having a legitimate purpose to view such records. Regulations and
procedures to ensure adequate protection of the student are provided in
this policy.

Copies of this policy are available upon request
from the Registrar, who is responsible for the administration of the
student record policy.

B. Student Education Records

“Education Records” refers to those files and their contents that are
maintained by the College and which directly relate to a student.
“Education Records” do not include: a. Records which are in the
sole possession of the maker thereof, are used only as a personal memory
aid, and which are not accessible or revealed to any person except a
temporary substitute of the maker of the record;b. Records of the Admission Office concerning students admitted but not yet enrolled at the College;c. Records of a student regardless of age that are made or maintained by a
physician, psychiatrist, psychologist, or other recognized professional
or paraprofessional made in connection with treatment of the student
and only disclosed to persons providing treatment. Such records are,
however, reviewable by a physician or psychologist of the student’s
choice upon proper notice and consent;d. Records of a law enforcement unit of the College;e. Records relating to an individual who is employed by the College except
students employed by the College as a result of his or her status as a
student.

C. Access to Student Records by an Eligible Student or Parents of Non-Eligible Students

Students over the age of 18 and who are enrolled in the College
(“Eligible Students”) and parents of students who have not reached the
age of 18 (“parents of non-Eligible Students") have the right to inspect
the student’s Education Records (as defined in B.1 above). The Eligible
Student or parent of a non-Eligible Student must submit a request to
the appropriate College official (as defined in Section B.6 below) to
review the Education Records specifying the record to be reviewed. The
Eligible Student or parent of a non-Eligible Student may request a
reasonable explanation or interpretation of the applicable record in
writing to the appropriate College official. Students may inspect and
review their educational records within 45 days from the day the
Colleges receives a written request for access.

The College
will disclose information in an Eligible Student’s Education Records,
including financial and disciplinary records, to his or her parents
either (a) upon an Eligible Student’s written consent, or (b) without the
Eligible Student’s consent, to parents of a dependent student as defined
in Section 152 of the Internal Revenue Code of 1986. The student’s age
and his or her parents’ custodial status are not factors in determining
dependency. If either parent claims the student as a dependent on tax
returns, then either parent may be afforded access to the student’s
Education Records.

Generally, Eligible Students have the
right to review any Education Records that the College maintains on
them. Information to which the Eligible Student does not have access is
limited to the following:a. Confidential letters or statements
of recommendation placed in the student’s files if the student has
signed a waiver of his or her right to review the letters or statements,
and those letters or statements are related to: i) admission to an educational institution; ii) application for employment; iii) receipt of an honor or honorary recognition.b. Parents’ confidential financial statements.

Documents submitted to the College by or for the student will not be
returned to the student. Normally, academic records received from other
institutions will not be sent to third parties external to the College.
Such records should be requested by the student from the originating
institution to be sent to the appropriate third party.

Official records and transcripts of the College (signature and/or seal
affixed) are mailed directly to other institutions or agencies at the
student’s request. When circumstances warrant, official records may be
given directly to the student at the discretion of the proper College
official. In such cases, the record will be clearly marked to indicate
issuance to the student.

Only the following individuals are
permitted to receive requests for records and to allow access to
records: Registrar, Director of Integrated Advising, Director of
Counseling Services, Director of Financial Aid, Dean of Students,
Provost, and the President of the College.

D. Procedure for Requesting Amendment to Record

Should an Eligible Student or parent of a non-Eligible Student believe
information contained in the student’s Education Records is incorrect, a
written request should be submitted to the appropriate College official
as set forth in B.6. requesting that the record be amended. The
appropriate official will respond within a reasonable period as to
whether the amendment will be allowed. If the amendment is not allowed,
the Eligible Student or parent of a non-Eligible Student may request a
hearing before the Registrar.

E. Access to General Directory Information

Certain information may be released by the College without prior
consent of an Eligible Student or parent of a non-Eligible Student if
considered appropriate by designated officials. Such information is
limited to the following: a. Student’s name, address, telephone number (permanent and local);b. Date and place of birth;c. Dates of attendance at the College, major fields of study, current classification, degrees, honors, and awards;d. Previous schools attended and degrees awarded;e. Heights and weights of members of athletic teams;f. Participation in officially recognized activities;g. E-mail address;h. Class schedule/roster;i. Full or part-time status;j. Photograph.

General
Directory Information will not be released for commercial purposes by
administrative offices of the College under any circumstances. Students
may request that General Directory Information not be released by
written request to the Office of the Registrar.

F. Access to Personally Identifiable Information

An Eligible Student or parent of a non-Eligible Student must authorize
the release of Personally Identifiable Information through written
consent, except as provided in Section G below, to anyone other than the
Eligible Student or parent of a non-Eligible Student. “Personally
Identifiable Information” includes the student’s name, the name of the
student’s parent or other family members, the address of the student or
student’s family, a personal identifier, such as a Social Security
number or student identification number, a list of personal
characteristics that would make the student’s identity easily traceable;
or other information that would make the student’s identity easily
traceable. The written consent must state: a. The records which may be disclosed;b. The purpose of the disclosure; c. The party or class of parties to whom the disclosure may be made.

G. Access to Education Records and Personally Identifiable Information by Others without Consent

Access to Education Records and Personally Identifiable Information,
without an Eligible Student’s or parents of a non-Eligible Student’s
permission is permissible in certain circumstances set forth below:
a. Information designated as Directory Information; b. To
other school officials, including teachers, within the College whom the
College has determined have a legitimate educational interest; c. To officials of another institution where the student seeks or intends to enroll; d.
To authorized representatives of certain government agencies including
appropriate state officials and authorities pursuant to federal and
state law; e. In connection with financial aid for which the
student has applied or which the student has received, if the
information is necessary for such purposes as: i) To determine eligibility for the aid; ii) To determine the amount of the aid; iii) To determine the conditions for the aid; iv) To enforce the terms and conditions of the aid. f. To organizations conducting studies for, or on behalf of, the College to: i) develop, validate, or administer predictive tests; ii) administer student aid programs; or iii)
improve instruction provided that the study is conducted in a manner
that does not permit personal identification of parents or students by
third persons and the information is destroyed once the information is
no longer needed. g. To accrediting organizations to carry out their accrediting functions; h.
Pursuant to a judicial order or lawfully issued subpoena upon notice of
the order or subpoena to the Eligible Student or parent of a
non-Eligible Student; i. In connection with a health or safety emergency; j.
The final results of any disciplinary proceeding conducted by the
College with respect to a crime of violence or a non-forcible sex
offense and only to the victim of the alleged crime; k. In
connection with a disciplinary proceeding at the College provided that
the College does not disclose the information unless the student is the
alleged perpetrator of a violent or non-forcible sex offense, or the
student has committed a violation of the institution’s policies or
rules; l. To the parent of a student under the age of 21
regarding the student’s violation of any law or policy governing the use
or possession of alcohol or a controlled substance if the College
determines the student has violated its policy;

All other
student information will be released only upon written request of an
Eligible Student. When access is permitted, documents will be examined
only under conditions that will prevent unauthorized removal,
alteration, or mutilation.

H. Complaints

An Eligible
Student or parent of a non-Eligible Student may file a written complaint
with the Family Post Compliance Office (“Office”) regarding an alleged
violation under FERPA. The complaint must contain specific allegations
of fact giving reasonable cause to believe that a violation of FERPA has
occurred. The complaint must be filed within 180 days of the date of
the alleged violation unless extended by the Office for good cause
shown.